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(영문) 의정부지방법원 2015.06.03 2014노2366
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. The judgment of the court below is a favorable condition to the defendant that the defendant recognized all crimes when the defendant was in a trial, against the fact that the value of damaged public goods is not significant, the defendant agreed with the victim B at the court below, and delivered the intent to the death with the victim. The defendant did not have any history of punishment except for the defendant who was sentenced once a fine of 20 years prior to the 20 years, and that the defendant seems to have committed each crime in a state of bad mental and physical influence by drinking.

However, it cannot be deemed that the damage suffered by the victim B cannot be deemed to be less severe, and the crime interfered with the business of 15 minutes by putting food on the floor of the cafeteria where the crime was transferred to the cafeteria where the crime was committed, and obstructing the business of 15 minutes by hanging the food on the floor. Thus, the crime is not good, and the crime was committed, and the police officers dispatched upon receipt of a report by the defendant have taken a bath and damaged the patrol car. In full view of all the sentencing conditions, including the motive for the crime, the method and consequence of the crime, as well as the circumstances after the crime, etc., including the crime that interfere with the legitimate execution of duties of the public officials, the punishment of the court below determined by reducing the fine amount (4 million won) under the summary order cannot be deemed to be unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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